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DOMESTIC VIOLENCE - OBTAINING A PROTECTION ORDER

  • Domestic Violence includes any injury, intimidation, harassment or behaviour committed by one spouse against another spouse. It includes willful injury, a threat of injury, as well as willful damage to property and a threat of willful damage to property. It also includes intimidation or serious harassment or indecent behaviour towards one spouse by the other spouse contrary to the wishes of the first spouse.

  • If an act of Domestic Violence (which are described above) as been committed including a threat of Domestic Violence and there is a reasonable likelihood that an act of Domestic Violence will be committed again, a Court will likely make a Temporary Protection Order.

  • The Court can only make a Temporary Protection Order if an Application for a Protection Order is completed. These can be obtained from your local Magistrates Court in Queensland and can be hand written. The Application must disclose an instance of Domestic Violence and evidence that it is likely to occur again.

  • Once the Application is completed, it is filed in the closest Magistrates Court and a short time later (usually on the same day) you appear before a Magistrate who providing your Application discloses an act of Domestic Violence and a likelihood that it will reoccur, is likely to make a Temporary Protection Order against your spouse or former spouse.

  • A Temporary Protection Order can contain many conditions for example:

    • An Order that your spouse be of good behaviour and not commit any further acts of Domestic Violence;

    • An Order that your spouse not be present in a place associated with you or any of your children;

    • An Order that your spouse not contact you or try and ask someone ask to contact you directly or indirectly;

    • An Order that your spouse not contact or try and contact your relatives or associates listed in the Order;

    • An Order that your spouse not try to locate you or ask someone else to locate you on their behalf;

    • An Order that your spouse return your essential personal property;

    • An Order that your spouse not to Enter or remain in a place where you are living;

    • An Order that your spouse not to come within a specified distance of any place that you are living or to approach you within a specified space;

    • An Order that your spouse not to come to your workplace; and

    • An Order that your spouse vacate the premises where you live or use to live.

  • A Temporary Protection Order will also automatically revoke any weapons licence held by your spouse.

  • Children or other relatives or friends can also be named in the Domestic Violence Order which will prevent a Respondent Spouse from committing acts of Domestic Violence against those named persons as well.

  • Once a Temporary Protection Order has been made, a member of the Police Service will serve your Application and Order made the Magistrate on your spouse. The matter will then be listed for a hearing date where your spouse has the opportunity to defend himself or herself before the Temporary Protection Order is made a Protection Order.

  • The Temporary Protection Order lasts only until the first Court event. A Protection Order is usually made for a period of two (2) years.

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